sex and the law quiz answers

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					    Sex and the Law Quiz- Answers
1   B, C, and D are correct
2   Both are true but:
    Under the sexual offences act 1956 it is an absolute offence for a man to
    have sexual intercourse with a girl under 13. If the girl is between the ages
    of 13 – 16 , the man may be able to claim in his defence (and be found not
    guilty) that:
         He believed himself to be validly married to the girl and had
            reasonable cause for that belief. This situation could arise where a
            marriage had been contracted in a country with a lower legal age of
            marriage
         He believed the girl to be 16 or over and had reasonable cause for
            that belief. This applies only if he is under 24 and has not been
            previously charged with a similar offence.
    At present this law applies to any man aged 10 or over. Any man or boy
    aged 10 or over is likely therefore to be breaking the law. In practice,
    prosecutions are rare if there is no evidence of exploitation.
    Professional and positions of trust
    Under the sexual offences (Amendment) act 2000 it is an offence for a
    person over 18 who is in a position of trust in relation to someone under 18
    to have sexual intercourse (vaginal or anal) or engage in any other sexual
    activity with them. Factors for defence are: he did not know and could not
    be reasonably expected to know the age or that he was in a position of trust
    re and he was legally married to that person or if the offence occurred
    before the commencement of the act.

3   True
    The education act 1996 which consolidated all previous legislation states
    that all schools must provide an up to date policy, which describes the
    content and organisation of SRE provided outside of the National
    Curriculum Science Order. It is the school governors’ responsibility to
    ensure that the policy is developed and made available to parents for
    inspection.
    Primary schools should have a policy statement that describes the SRE
    provided, or give a statement of the decision not to provide SRE other than
    that provided within the National Curriculum Science Order.
4   None of the answers are correct – see notes from question 5
5   B
    A doctor who prescribes medical contraception to a person under 16 is not
    legally bound to tell anyone.
    A doctor who agrees to an abortion to a person under 16 is not legally
    bound to tell anyone
    Doctors and other health professionals may provide contraceptive advice
    and treatment to under 16’s under the following conditions , sometimes
    referred to as the Fraser Guidelines
        - That the young person understands the advice and has sufficient
             maturity to understand what is involved.
        - That the doctor could not persuade the young person to inform their
             parents, nor to allow the doctor to inform them
        - That the young person would be very likely to begin or continue
            having sexual intercourse with or without contraceptive treatment
        - That, without contraceptive advice or treatment , the young persons
            physical or mental health would suffer
        - That it would be in the young persons best interest to give such
            advice or tratment without parental consent.
    Under 16s have a right to confidentiality whether asking for contraceptive
    advice or any other medical treatment.
    A young woman under 16 may consent to an abortion without parental
    knowledge if both doctors believe she sufficient maturity and
    understanding to appreciate what is involved. In practice however, most
    doctors require the consent of a parent or other responsible adult before the
    procedure is performed.
    Health professionals are obliged to involve social services if they believe
    that a young person under 18 is at significant risk of harm. This would be
    only be done with the young persons permission.

6   D
    Non-medical professionals can do all of these as detailed in guidance from
    the Teenage Pregnancy Unit. A youth worker should not prescribe a
    specific course of action ‘you should take the pill’. Workers should follow
    a policy of giving general information and referring those under 16 to
    where they might get help. If a field/ social worker or foster carer believes
    that the person is worried about visiting a service and is at risk of
    pregnancy, they may accompany them to a clinic.
    As with teachers a policy will support and clarify professional conduct and
    boundaries.
7   B
    The dept of the environment has advised that section 28 of the local
    government act does not apply to school, as section 18 of the education act
    1986 gives school governors responsibility for decisions on sex education
    in schools.
    The act refers to local authorities in England and Wales and says that a
    local authority shall not-:
    -Intentionally promote homosexuality or publish material with the intention
    of promoting homosexuality
    -Promote the teaching in any maintained schools of the acceptability of
    homosexuality as a pretended family.
    Many professionals are confused by this law and think that it means they
    cannot talk about sexuality to young people. (see answer to question 12 re
    The children’s act 1989)
    Many professionals are confused by this law and think that it means that
    they cannot talk about sexuality to young people. (No one has ever been
    prosecuted under the section 28 of the local government act and many
    organisations are campaigning for its repeal.
8    B and D
     The abortion act 1967 as amended by the Human Fertilisation and
     Embryology Act applies to women whatever their age. An abortion is
     legally available up to 24 weeks of pregnancy, but a woman will need the
     agreement of two doctors (usually her GP or family planning doctor and the
     doctor who performs the abortion). The doctors must agree that the
     continuance of the pregnancy would involve risk, greater than if the
     pregnancy was terminated, of injury to the physical or mental health of the
     pregnant woman or any existing children of her family.
     She does not need the permission of the baby father and does not even have
     to tell him she is pregnant.
     Abortion is legally available after 24 week only when a woman life is in
     grave danger or there is substantial risk that if the child were born it would
     suffer from such physical or mental abnormalities as to be seriously
     handicapped.
9    16 for both men and women
     The age of consent for sex between men is 16. This was reduced from 18
     under Sexual Offences Amendment Act 2000
     There is no special law concerning sexual acts between women. Lesbian
     sex is therefore legal provided that the women concerned consent and are
     aged 16 or over. Because a woman under 25 cannot consent to a sexual act
     the only offence that is relevant to lesbian relationships is indecent assault.

10   True
     The guidance and regulations to the act states that the experience of being
     cared for should also include the sex education of the young persons and
     sex education will need to cover practical issues such as contraception.
11   True
     In the section of the Children’s Act ‘Enabling young people to build and
     maintain relationships with others:’ sexual relationships it states the need
     and concerns of gay young men and women must also be recognised and
     approached sympathetically. In the section Enabling young people to
     develop their self esteem it states ‘Gay young men and women may require
     very sympathetic carers to enable them to accept their sexuality and to
     develop their self esteem.
12   True- see question 2


13   True
     A person commits an offence if for the purpose of sexual gratification he
     intentionally causes another person (under 16) to watch a third person
     engaging in an activity/ or look at images engaging in an activity.
14   True
     Anyone paying for sexual activity (or having any other financial
     arrangement) so that you can be sexually active with someone between 13 -
     16 incurs a sentence of 14 years imprisonment
     If the child were under 13- the incurred sentence would be life
     imprisonment.

15   True
     The definition of family by law includes all stated in the question

16   False
     Confidentiality is not an absolute! The duty of confidentiality is overridden
     by public policy where a child is at risk of serious harm. Clinicians should
     recognise when it is appropriate to step outside of patient confidentiality
     and take further action.
17   False
     Children under 16 have the same rights as adults in this case. Information
     can only be shared with pupils consent. (Unless it has been agreed in
     school policy to do so)
18   False
     The legal obligation is with the establishment ie school, so the individual
     would not necessarily be committing a criminal offence but could be in
     breach of their statutory responsibility to the school/establishment and
     therefore face disciplinary proceedings. Individuals must follow their
     school/setting policy.

				
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